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HomeMy WebLinkAboutCity of Tamarac Resolution R-2009-091E C Temp. Reso. #11647 July, 8 2009 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2009- 1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH SPECIFIED ARCHITECTURAL SYSTEMS, INC., A SOLE SOURCE DISTRIBUTOR, FOR THE REPLACEMENT OF THE TRANSLUCENT PANEL ROOF SYSTEM AT BROWARD SHERIFF'S OFFICE BUILDING; AUTHORIZING AN EXPENDITURE NOT TO EXCEED $104,390.00, WHICH INCLUDES A CONTRACT PRICE OF $94,900.00 AND A PROJECT CONTINGENCY OF $9,490.00; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the existing roof system at Broward Sheriff's Office was originally installed when the facility was constructed in 1988; and WHEREAS, the system consists of translucent panels which provide protection from the elements while supplying natural daylight to the interior of the atrium area; and WHEREAS, in the Fiscal Year 2001 Budget, a "sinking fund" was created for the purpose of setting aside smaller increments of funding each year until such time that the full replacement cost would be accumulated, thereby allowing for the planned replacement of the roof without an unusually large financial commitment in one particular year; and Temp. Reso. #11647 July, 8 2009 Page 2 WHEREAS, due to significant maintenance issues, the threat of possible structural damage, and miscellaneous side effects from water damage, it has now become necessary to move up the replacement; and WHEREAS, the manufacturer of the existing panel system, Kalwall Corporation, has only one certified installer in the state of Florida and staff research revealed that there is no other manufacturer which produces an equivalent roof system which meets the specifications of the existing system; and WHEREAS, City of Tamarac Code §6-151 grants the authority to waive competitive bid requirements for the purchase of supplies and services available from only one (1) source; and WHEREAS, the cost proposal submitted by Specified Architectural Systems, Inc. is both fair and reasonable and is equal to or better than what would be extended to another customer with similar needs; and WHEREAS, consideration for another system would require significant structural modifications, including electrical and lighting changes, at a cost that would greatly exceed the proposed replacement cost; and WHEREAS, funding is available for this project in the `Buildings — Roofing Systems Repair and Replacement" capital improvement project (PW98H); and WHEREAS, the Director of Public Works and Contracts Manager recommend that the appropriate City Officials enter into an agreement with Specified Architectural Systems, Inc., a sole source distributor, for the replacement of the translucent panel roof system at Broward Sheriffs Office in an amount not to exceed $104,390.00, which represents a contract price of $94,900.00 and a 10% project contingency of $9,490.00; and Temp. Reso. #11647 July, 8 2009 Page 3 WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to execute an agreement with Specified Architectural Systems, Inc. for the replacement of the translucent panel roof system at Broward Sheriffs Office in an amount not to exceed $104,900. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. All exhibits attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: The appropriate City Officials are hereby authorized to execute the "Agreement Between the City of Tamarac and Specified Architectural Systems, Inc." hereto attached as Exhibit "1" for the replacement of the translucent panel roof system at Broward Sheriffs Office. SECTION 3: An expenditure in an amount not to exceed $104,900, which represents a contract amount of $94,900.00 and a project contingency of $9,490.00, is hereby authorized. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Temp. Reso. #11647 July, 8 2009 Page 4 SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of _14, 2009. BE H FLANSB UM-TAL BCI.SCCO MAYOR ATTEST: RECORD OF COMMISSION VOTE: _ MARION. SWENSON, CMC MAYOR FLANSBAUM-TALABISCO _ CITY CLERK DIST 1: COMM BUSHNELL DIST 2: VM ATKINS-GRAD DIST 3: COMM. GLASSER DIST 4: COMM. DRESSLER I HEREBY CERTIFY that I have approved this RESOLUTION as to form. MUEL S REN CITY ATTORNEY J 6�46ibi4 i yTR/tq AGREEMENT BETWEEN THE CITY OF TAMARAC AND SPECIFIED ARCHITECTURAL SYSTEMS, INC. THIS AGREEMENT is made and entered into this _ day of 2009 by and between the City of Tamarac, a municipal corporation with pri ip 1 offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY") and Specified Architectural Systems, Inc., a Florida corporation with principal offices located at 1950 North Gate Boulevard, Suite D-6, Sarasota, FL 34234 (the "Contractor") to provide for the replacement of the Kalwall translucent panel system for City Hall. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The Contract Documents consist of this Agreement, the Contractor's bid/proposal dated December 2, 2008, included herein as "Attachment A", and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between this and any other Contract Documents, this Agreement shall prevail. 2) The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to to replace the existing Kalwall Translucent Roof and Wall Panel System with a new Kalwall Panel System at the BSO facility located at 7515 NW 88t' Avenue in Tamarac, Florida, including the removal and disposal of the existing panels from the area. 2.1.2 Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. 2.1.3 Contractor shall provide the City with a written installation schedule for approval including specific dates and times prior to the beginning of work under this Agreement. Contractor shall City of Tamarac Purchasing and Contracts Division provide the City with seventy-two (72) hours written notice prior to any schedule change with the exception of changes caused by inclement weather. Contractor shall adjust the method of installing the roof during regular business hours to avoid interference with the regular activities of employees and visitors of the BSO facility. 2.1.4 All equipment must be stored in a safe manner and the worksite must be kept free of debris when the Contractor is not in operation. The City shall not be responsible for damage to any equipment or personal injuries caused by the Contractor's failure to safely store equipment and clean the worksite. 2.1.5 Contractor shall only remove those panels which could be replaced and sealed against water intrusion before the end of work each day and Contractor shall adequate take safety measures to ensure the protection of persons and property within the BSO facility at all times. Contractor shall keep the work site reasonably free from debris and properly dispose of all materials in a timely manner. 2.1.6 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. 3) Insurance 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, Builder's Risk and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's General Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Agreement responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Bonds 4.1 The Contractor shall furnish separate Performance and Payment Bonds in the amount of 100% of the total contract amount as security for the faithful project performance and payment of all of the Contractor's obligations under the contract documents, per City Code Section 10-156. At the completion and formal approval and acceptance of all work associated with the project, a one (1) year warranty period will begin. At this time, a warranty bond in an amount not less than twenty-five percent (25%) of the final contract amount must be submitted. 4.2 If the surety on any bond furnished by the Contractor is declared bankrupt or becomes insolvent, or its right to do business is terminated in Florida, the Contractor shall, within seven (7) days thereafter, substitute another bond meeting the requirements outlined above, which must also be acceptable to the City. 4.3 Within fifteen (15) calendar days after the contract award, but in any event prior to commencing work, the Contractor shall execute and furnish the City a Performance Bond and Payment Bond, each written by a corporate surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The surety shall hold a current certification of authority from the Secretary of Treasury of the United States as an acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular No. 570. The Contractor shall be required to provide acceptable, separate Performance and Payment Bonds in the amount of 100% of the contract amount. The Performance Bond shall be conditioned that the Contractor performs the contract in the time and manner prescribed in the contract. The Payment Bond shall be conditioned that the Contractor promptly make payments to all persons who supply the Contractor in the prosecution of the work provided for in the contract and shall provide that the surety shall pay the same in the amount not exceeding the sum provided in such bonds, together with interest at the maximum rate allowed by law and that they shall indemnify and save harmless the City to the extent of any and all payments in connection with the carrying out of said contract which the City may be required to make under the law. 4.4 Such bonds shall continue in effect for one (1) year after final payment becomes due except as otherwise provided by law or regulation or by the Contract Documents with the final sum of said bonds reduced after final payment to an amount equal to twenty-five percent (25%) of the Contract price, or an additional bond shall be conditioned that the Contractor correct any defective or faulty work or material which appears within one City of Tamarac Purchasing and Contracts Division The Warranty Bond shall cover the cost of labor as well as materials. 5) Time of Commencement and Substantial Completion 5.1 The work to be performed under this Agreement shall be commenced after execution of the Agreement and not later than 15 days after Contractor receives Purchase Order and the City's Notice to Proceed, subject to any permitted extensions of time under the Contract Documents. Drawings must be completed and reviewed not later than September 15, 2009 and material fabrication shall be completed not later than November 15, 2009. The total project shall be substantially completed no later than February 15, 2010. For the purposes of this Agreement, completion shall mean the issuance of final payment. 5.2 During the pre -construction portion of the work hereunder, the parties agree to work diligently and in good faith in performing their obligations hereunder, so that all required permits for the construction portion of the work may be obtained by the City in accordance with the Schedule included in the Contract Documents. In the event that any delays in the pre -construction or construction portion of the work occur, despite the diligent efforts of the parties hereto, and such delays are the result of force majeure or are otherwise outside of the control of either party hereto, then the parties shall agree on an equitable extension of the time for substantial completion hereunder and any resulting increase in general condition costs. 6) Contract Sum The Contract Sum for the above work is Ninety Four Thousand Nine Hundred dollars and Zero Cents ($94,900.00). A project contingency in the amount of Nine Thousand Four Hundred Ninety Dollars and Zero Cents ($9,490.00) may be expended only for unforeseen items which may arise during the course of the project for a total cost, plus contingency, of One Hundred Four Thousand Three Hundred Ninety Dollars and Zero Cents ($104,390.00). These contingency funds may only be expended through written agreement by the City and the Contractor. l) Payments Payment will be made monthly for work that has been completed, inspected and properly invoiced. A retainage of ten percent (10%) will be deducted from monthly payments until 50% of the project is complete. Retainage will be reduced to five percent (5%) thereafter. Retainage monies will be released upon satisfactory completion and final inspection of the work. Invoices must bear the project name, project number, bid number and purchase order number. City has up to thirty (30) days to review, approve and pay all invoices after receipt. The Contractor shall invoice the City and provide a written request to the City to commence the one (1) year warranty period. All necessary Releases of Liens and Affidavits and approval of Final Payments shall be processed before the warranty period begins. 4 Agreement City of Tamarac Purchasing and Contracts Division 7.2 All payments shall be governed by the Florida Prompt Payment Act, F.S., Part VII, Chapter 218. The City desires to be able to make payments utilizing City's Visa Procurement Card as a means of expediting payments. It is highly desirable that the successful proposer have the capability to accept a Visa Procurement/Credit card as a means of payment. 8) Remedies 8.1 Damages: The City reserves the right to recover any ascertainable actual damages incurred as a result of the failure of the Contractor to perform in accordance with the requirements of this Agreement, or for losses sustained by the City resultant from the Contractor's failure to perform in accordance with the requirements of this Agreement. 8.2 Correction of Work: If, in the judgment of the City, work provided by the Contractor does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, the City reserves the right to require that the Contractor correct all deficiencies in the work to bring the work into conformance without additional cost to the City, and / or replace any personnel who fail to perform in accordance with the requirements of this Agreement. The City shall be the sole judge of non-conformance and the quality of workmanship. 9) Change Orders 9.1 Without invalidating the contract, without any monetary compensation, and without notice to any surety, the City reserves and shall have the right to make increases, decreases or other changes to the work as may be considered necessary or desirable to complete the proposed construction in a satisfactory manner. The Contractor shall not start work pursuant to a change order until the change order setting forth the adjustments is approved by the City, and executed by the City and Contractor. Once the change order is so approved, the Contractor shall promptly proceed with the work. All Change Orders shall include overhead and profit, not to exceed five percent (5%) and five percent (5%) respectively. 9.2 The Contract Price constitutes the total compensation (subject to authorized adjustments, if applicable) payable to the Contractor for performing the work. All duties, responsibilities and obligations assigned to or undertaken by the Contractor shall be at Contractor's expense without change in the Contract Price or Time except as approved in writing by the City. 9.3 The Contract Price and/or Time may only be changed by a Change Order. A fully executed change order for any extra work must exist before such extra work is begun. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party promptly (but in no event later than 15 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. The amount of the claim with supporting data shall be delivered (unless the City 5 Agreement